CENTRAL BANK OF INDIA Vs. DINESH KUMAR MALYA

JUDGEMENT

(1.) Central Bank of India, Opposite Party/appellant filed an Appeal by being aggrieved by the Order passed by the District Forum, Bhopal in case No.4/93 on 29.5.93 granting an amount of Rs.5,600/- with interest at the rate of 12% per annum to the Complainant/respondent as compensation, with the further direction that in case, the Opposite party, bank refused to issue pay order at the request of the complainant in future, then on each occasion the opposite party, will pay to the Complainant a sum of Rs.50/- as compensation.

(2.) The points to be resolved in this Appeal are, whether the District Forum under the provisions of Consumer Protection Act, 1986 , has a right to grant such a relief Under Sec.14 of the Act? Whether the relief granted by the District Forum by awarding Rs.5,600/- with interest at the rate of 12% per annum and the direction to the bank, to issue pay order as and when the Complainant. Respondent requests and on each occasion bank will pay to the Complainant/respondent Rs.50/- as compensation is right

(3.) The case of the Complainant before the District Forum was that the pay orders were being issued by the Bank, Appellant in the course of normal banking practice and they were being issued right from 30.1.92 to 31.10.92, whether the refusal to issue pay orders will be called as deficiency in service on the part of the bank The bank contended that the pay orders are issued, for making payments of their own expenses and charges, and that the facility is not available to the customers. The learned District Forum, was of the view that as an earlier occasions the bank, Appellant/opposite Party issued Twenty-five pay orders right from 21.12.91 to 19.4.92 and charge for such pay orders was Rs.25/-. Now the change of practice and to force a customer that instead of pay orders the demand Drafts be issued.